§ 7-16a-204. Department notification requirements.

(1)

(a) Except as provided in Subsection (3), an operator may not operate, relocate, or discontinue operating an automated teller machine unless the operator provides notice to the department in accordance with this section.

(b) An operator may operate, relocate, or discontinue operating an automated teller machine 30 days from the day the department accepts the notice filed under this section as complete.

(c) No later than 30 days before operating, relocating, or discontinuing the operation of an automated teller machine located in this state, the operator shall notify the department of the intent to operate, relocate, or discontinue the operation of the automated teller machine.

(d) The notice required under Subsection (1)(a) shall state:

(i) if operating or relocating an automated teller machine:

(A) the proposed location of the automated teller machine;

(B) whether the proposed location is permanent or temporary; and

(C) the period the automated teller machine will be at the proposed location, if the location is temporary; and

(ii) any information requested on a form prescribed by the department.

(e) The department may not require the operator to pay a fee for filing the notice required under this Subsection (1).

(2) The failure to provide notice to the department as required in Subsection (1) is a violation against which the commissioner may exercise the general enforcement powers set forth in Section 7-1-320.

(3) This section does not apply to automated teller machines located at the main office or at a branch of a depository institution authorized to transact business in this state.

(4) For purposes of this section, "discontinue" or "discontinuing" means an interruption in the operation of an automated teller machine of 30 days or more.

Enacted by Chapter 111, 1997 General Session